City manager delays decision on new police chief

Thursday

Dec 21, 2006 at 6:33 AM

Megan Matteucci

City Manager Michael Brown is waiting for a Los Angeles judge to rule on allegations of sexual harassment and misconduct before deciding if Michael Berkow will remain as chief of the Savannah-Chatham Metropolitan Police Department.

"Absolutely, something will be done," Brown said Wednesday. "But the case needs to go through its course."

Brown said he is revisiting the background review of Berkow, plus reading copies of several pending lawsuits and other information about the former Los Angeles Police Department's deputy chief.

But he's holding off making a final decision until a lawsuit filed by LAPD Officer Ya-May Christle - alleging that Berkow promoted female officers in exchange for sexual favors - is resolved.

"The first thing is to publicly present any facts that need to be on the table," Brown said. "After that, we need to see whether that affects his current employment in any additional way."

Brown appointed Berkow to be police chief after the city spent more than $50,000 on a national search. Of that, $8,000 was spent solely on examining Berkow's past, including lawsuits, prior employment, financial history and marital/divorce issues, according to a contract with investigative firm MDB International LLC.

MDB reviewed an undetermined number of lawsuits, including Christle's complaint, and concluded that nothing cited in the documents would affect Berkow's ability to be chief, Brown said.

"The firm came back and said they did not find anything that would merit their disqualification of Berkow for chief," Brown said. "It was an extremely, almost excruciating, diligent process. But no, it did not disclose he had an extramarital affair."

It was not until October - a month after Berkow got the job - that he would admit in a deposition taken in the civil lawsuit that he had a three-year extramarital affair with a subordinate LAPD officer with whom he worked.

Neither the search firm nor Brown knew about the affair.

Brown said he did not learn of the affair until Tuesday, when a Los Angeles County Superior Court judge unsealed the deposition.

"We knew he had marital difficulties. We did not ask these firms to get into personal lives," Brown said. "In hindsight, I see it as a factor in his job. It does call into question his judgment."

Berkow said he did not feel a need to disclose his affair to his new boss because the relationship was "off-duty."

"There is a distinction in my mind between professional and private. I made private mistakes," Berkow told the Savannah Morning News on Wednesday. "I had an affair, but this is someone at least two levels removed from me. I never promoted her. ... The allegations in the lawsuit had nothing to do with the relationship."

The woman worked in the LAPD Internal Affairs Bureau, a division of about 350 officers that Berkow supervised.

LAPD Chief Bill Bratton also has ordered an investigation into the allegations against Berkow, who was tasked with investigating officer misconduct.

Most Savannah City Council members did not know much more about the situation than what they read in Brown's memo Wednesday.

But they will learn more today.

Mayor Otis Johnson said Brown will "explain the situation" during a closed meeting with council members.

Brown said he did not make the City Council aware of the lawsuits and Berkow's background during the search because that's "not their job." Council has no say in the appointment of a chief, he said.

Brown briefed Johnson about the search and the background research. When asked if he believed Brown exercised due diligence in that search, Johnson said: "I have no comment on that."

"I don't know what effect it's going to have on the department," the mayor said about the revelations. "But it's my expectation that Berkow is going to work his you-know-what off to prove that he's worthy of remaining here. That's what I expect."

When asked if Berkow should remain, the mayor said that's not his call.

Alderman Van Johnson said the city should have known about Berkow's sexual liaisons.

"We did not know, and therefore I'm concerned," he said. "This is wild. It is like a soap opera with a new chapter every day. I don't want this drama to affect the city."

Alderman Tony Thomas wants a thorough investigation.

"Almost a week ago, these issues were written off as frivolous, and I think there is more fact to it now," he said. "I feel that the city manager was not diligent in letting us members of City Council and the County Commission know about these issues before they became public as they have."

Some believe Berkow remains qualified to run the department.

"I don't think this has anything to do with work ethic or what he's capable of doing," said Alderman Ellis Cook.

Like any regular officer, Berkow is still on probation. His swearing-in ceremony and certification as a Georgia Peace Officer have been postponed several times.

While no dates have been set, it's because of holidays and scheduling conflicts - not the revelations about Berkow, Brown said.

Even though Brown said he is disappointed with Berkow's "indiscretions," he still feels the city found the best candidate for the job.

"He's doing exactly what we've called on him to do. If anything, this should make him more diligent," Brown said. "I'm not second-guessing the decision, but that's not saying I'm happy with where we are."

The chief maintains he made a mistake in having an affair, but says he never attempted to cover it up. He has no plans of leaving Savannah, he said.

On Wednesday, the day after the deposition was unsealed, Berkow told the SCMPD command staff about his affair.

"I addressed the 800-pound gorilla in the room," he said.

"I had an extramarital affair. It was a horrible mistake. It was a private matter. But, judge me by my actions. Judge me by what I do. Judge me by how I conduct myself."